Hawkker Points Terms and Conditions

It is your responsibility to read and understand the terms regarding the Hawkker Points system, outlined below. Hawkker may update or revise these Hawkker Points Terms (“HP Terms”) from time to time. You agree that you will review these HP Terms periodically. You are free to decide whether or not to accept a modified version of these HP Terms, but accepting these HP Terms, as modified, is required for you to continue using the Services as a Vendor or an Eater made available by Hawkker. You may have to click “accept” or “agree” to show your acceptance of any modified version of these HP Terms. If you do not agree to these HP Terms or any modified version of these HP Terms, you must terminate your use of the Services, in which case you will no longer have access to your Hawkker Eater and/or Vendor account.

1 WHAT ARE HAWKKER POINTS?

1.1 Hawkker Points are a Hawkker Services specific currency, they have no value, representative or otherwise, outside of the Hawkker Services. Hawkker Points are intended to serve as an incentivisation mechanism for Eaters to purchase from, and provide feedback upon, Vendors on the Hawkker platform. These Vendors will typically be smaller, independent mobile or fixed location food and/or beverage retail businesses who are trying to scale and develop their businesses through increased footfall and feedback on their offerings.

1.2 Only registered Eaters are able to earn Hawkker Points, guest users of the Eater app will not. A guest user can register as an Eater by creating a Hawkker Eater account from within the Hawkker Eater App.

2 HOW DO EATERS EARN POINTS?

2.1 Hawkker issues points to Eaters when they purchase food and/or beverages from Hawkker Vendors with said transaction being of at least £5.00, the "Minimum Spend Amount". The Services currently utilise a device camera-based optical recognition system to confirm which Vendor an Eater has purchased from by means of an Eater using the Hawkker Eater app in conjunction with their device camera to scan a vendor-specific Quick Response (QR) identifier code. After payment by an Eater for a transaction, with a value of the Minimum Spend Amount or more, the Eater will scan a Vendor QR code which is presented by the Vendor using the Hawkker Vendor App. After scanning the Vendor’s QR code the Eater will be asked to indicate within the Hawkker Eater App which menu item from the Vendor’s menu they have purchased and for how long they waited to be served. This process is known as Transaction Capture. Upon completing Transaction Capture an Eater will be awarded a number of Hawkker Points. The number of Hawkker Points awarded after Transaction Capture will be fixed and independent of the transaction amount with the Vendor - subject to the transaction having met the Transaction Capture Threshold of £5.00.

2.2 An Eater will be awarded a number points after a successful Transaction Capture that meets the £5.00 threshold. An Eater can only be awarded Hawkker Points once per unique Transaction Capture event.

2.3 After an amount of time has elapsed the Eater will be requested to provide a rating and feedback about their purchase from the Vendor. This is accomplished by completion of the review process from within the Hawkker Eater App (“Review Capture”). Upon completing Review Capture the Eater will be awarded a further amount of Hawkker Points. An Eater can only be awarded Hawkker Points once per unique Review Capture event.

2.4 For the avoidance of doubt an Eater will be rewarded a fixed number of Hawkker Points after Review Capture irrespective of the sentiment, positive, negative or otherwise, of the information submitted within Review Capture. Hawkker Points awarded following Review Capture will be subject to the requirement that any information provided by Eaters as part of Review capture complies with the Content Standards as detailed within the Hawkker Terms of Service. Hawkker, with absolute discretion, may refuse to award Hawkker Points or take other actions as it sees fit, should Eater’s not comply with these Content Standards when conducting Review Capture or through any other interaction with the Hawkker Services.

3 CONVERTING HAWKKER POINTS INTO DISCOUNT VOUCHERS

3.1 Once a minimum threshold of Hawkker Points has been collected, Eaters will be able to convert these into Discount Vouchers. Discount Vouchers are eligible for redemption at all and any of Hawkker Vendors. The Discount Vouchers are only available for use within the Hawkker Services and have no value, monetarily or otherwise, outside the platform. Eaters are only able to use Hawkker Points to redeem discounts at Hawkker Vendors.

3.2 The current prevailing parameters of converting Hawkker Points into Discount Vouchers are as follows:

3.2.1 The conversation ratio of Hawkker Points to Discount Voucher amounts is currently 1 point = £0.01.

3.2.2 The minimum number of Hawkker Points convertible into a single Discount Voucher is 100 (one hundred) Hawkker Points (i.e. minimum Discount Voucher value is £1.00)

3.2.3 The maximum number of Hawkker Points convertible into a single Discount Voucher is 1,000 points (one thousand) Hawkker Points (i.e. maximum Discount Voucher is £10.00)

3.3 Eaters may not exchange Hawkker Points for cash in any instance. For example if an Eater attempts to purchase a £5.00 meal with an £8.00 Discount Voucher it is not permissible for the Eater to request £3.00 change to be returned. In this instance the Eater may cancel their voucher and re-generate a £5.00 or less Discount Voucher, subject to the minimum conversion terms as detailed above. Similarly Eaters may not exchange any amount of Hawkker Points for any monetary amount from Vendors. Hawkker Points are only eligible for discounts on offerings sold by Hawkker Vendors as part of bone fide arms-length purchases from Vendors.

4 VENDORS MUST HONOUR DISCOUNT VOUCHERS

4.1 Hawkker does not charge Vendors for its Services, but does require as an alternative for Vendors to “pay” through the honouring of discounts to Eaters when they present Discount Vouchers.

4.2 It is mandatory under the Terms and Conditions of the Hawkker Platform for Hawkker Vendors to always honour Discount Vouchers when presented by Eaters. Vendors must discount from an Eater’s purchase amount in Pounds Sterling as specified on the Discount Voucher. Vendors who are unwilling or, through no fault of Hawkker, unable to honour Eater Discount Vouchers may, in the sole and absolute discretion of Hawkker, be suspended, removed and/or permanently banned from using any part of the Hawkker Services.

4.3 Eaters will be able to report any Vendors who are unwilling or unable to honour the Discount Vouchers through the Report Vendor functionality within the Eater App.

5 GENERATION AND ACCEPTANCE OF DISCOUNT VOUCHERS

5.1 To generate a Discount Voucher an Eater will convert their collected points into a digital Discount Voucher within the Eater App. The Discount Voucher will contain a Discount Voucher-specific QR code. The Eater will present this Discount Voucher to the Vendor at the point of purchase. The Vendor will use their Vendor App in conjunction with their device camera to scan the QR code on the Discount Voucher. The Vendor and Eater will receive confirmation in the Hawkker Vendor and Eater Apps respectively that the Discount Voucher has been accepted and the Vendor will reduce the amount of the Eater’s bill amount by the amount stated on the Discount Voucher.

5.2 The Vendor will absorb the Hawkker Points from the Eater and this will be recorded in the Vendor App and Vendor Web App for the purposes of business records and financial accounting for the Vendor. As part of the Hawkker Services Vendors may be able to use collected Hawkker Points to pay for additional features of elements of the Hawkker Service.

5.3 For the avoidance of doubt the Hawkker Services comprise of no element of payment system of payment gateway, all monetary value exchange in relation to purchases are handled separately and external to the Hawkker Services by Vendors and Eaters, save to the extent that Hawkker Discount Vouchers can be used to reduce purchase costs for Eaters.

6 VARIATIONS TO THE HAWKKER POINTS SYSTEM

6.1 Hawkker reserves the right to terminate the Hawkker Points system, or to change the terms, regulations or benefits of participation of such program, in whole or in part, at any time with or without notice, even though changes may affect the number or value of Hawkker Points by Vendors or Eaters already collected or the availability or value of Discount Vouchers. Hawkker may also modify the number of Hawkker Points earned within Transaction Capture or Review Capture, the Transaction Capture Threshold or the minimum/maximum number of Hawkker Points available for conversion into a Discount Voucher.

7 DISPUTES

7.1 Hawkker will make the final determination (in its sole and absolute discretion) should any disputes over Hawkker Points or Discount Vouchers arise.

8 ABUSE

8.1 Should a Vendor or Eater perform, or attempt to perform, any of the actions below Hawkker may in its sole and absolute discretion suspend the Eater or Vendor Hawkker Account on a temporary or permanent basis. Hawkker may also pursue legal action against Vendors or Eaters including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the Abuse.

8.2 Examples of Abuse to include, but not be limited to:

8.2.1 as an Eater scanning a Vendor QR code for transactions where the transaction value is lower than the Transaction Capture Threshold;

8.2.2 as a Vendor allowing an Eater to scan a Vendor QR code for transactions where the transaction value is lower than the Transaction Capture Threshold;

8.2.3 as an Eater or a Vendor participation in a scan of a Hawkker Vendor code in any instance other than that of a bona fide arms-length commercial transaction between an Eater and a Vendor for products sold by the Vendor;

8.2.4 as an Eater or a Vendor selling points to other Eaters or Vendors or any other party;

8.2.5 as an Eater accruing Hawkker Points in any manner whatsoever except for that as expressly described by Clause ‎2 How Do Eaters Earn Points?;

8.2.6 as a Vendor accruing Hawkker Points in any manner other than by redeeming an Eater’s through a Discount Voucher;

8.2.7 as an Eater or a Vendor manipulation of the Hawkker Points system and use of Discount Vouchers, by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter);

8.2.8 as an Eater copying of, photographing of, generation of, replication of or in any other way the mimicking of a Vendor QR code;

8.2.9 as a Vendor facilitating copying of, photographing of, generation of, replication of or in any other way the mimicking of their Vendor QR code or the Vendor QR code of any other Vendor;

8.2.10 as an Eater or Vendor the re-use of or recycle of a Discount Voucher having already been redeemed;

8.2.11 as an Eater by establishing a Vendor user account themselves for the express purpose of amassing Hawkker Vendor Points or for any purpose whatsoever which is not permitted by the Hawkker Services Terms and Conditions. For the avoidance of doubt Eaters are permitted establish legitimate Vendor account and use this in the manner as described as that for a bone fide Vendor on the Hawkker platform; or

8.2.12 as a Vendor by establishing an Eater account themselves for the purpose of accruing Hawkker Vendor Points, or the generation of non-arms length or non bone fide transactions or for any purpose whatsoever which is not permitted by the Hawkker Services Terms and Conditions. For the avoidance of doubt Vendors are permitted establish legitimate Eater account and use this in the manner as described as that for a bone fide Eater on the Hawkker platform.

9 EXPIRATION OF POINTS

9.1 There is currently no expiration period of Hawkker Points earned by Eaters. Hawkker reserves the right to apply expiration conditions on Hawkker Points in the future.

10 ADDITIONAL TERMS

10.1 Hawkker Points collected in two or more different Hawkker Eater or Vendor accounts cannot be combined for redemption.

10.2 Vendors and Eaters are solely responsible for any tax liability related to the usage of Hawkker Points and Discount Vouchers.

11 VENDOR SERVICES PAID FOR WITH HAWKKER POINTS

11.1 Hawkker provides no warranties, express or implied with respect to any elements of the Services rendered to Vendors in exchange of Hawkker Points.

12 HAWKKER POINTS WARRANTIES

12.1 If for any reason the Hawkker Points system, or any part thereof, or a Discount Voucher becomes invalid due to technical failures or any other causes beyond the control of the Hawkker, Hawkker reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the Hawkker Points system and not re-issue any replacement or additional Hawkker Points or Discount Vouchers to affected Eaters or Vendors.

13 RIGHTS RESERVED

13.1 Hawkker reserves the right, where necessary, to undertake all such actions as are reasonable to protect itself against fraudulent or invalid generation of Hawkker Points or redemption of Discount Vouchers including, without limitation, to require further verification as to the identity, age, transaction history and other relevant details of an Eater or Vendor.

13.2 Hawkker may from time to time adjust the number of Hawkker Points held by Vendors or Eaters.

14 LIABILITY OF HAWKKER WITH REGARDS TO HAWKKER POINTS

14.1 By collecting and converting Hawkker Points into Discount Vouchers or in the case of Vendors receiving Hawkker Points as part of a Discount Voucher redemption, Vendors and Eaters agree to release Hawkker from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Hawkker Points system or with the acceptance or possession of any order (except death or personal injury caused by the Hawkker’s negligence, for fraud, or otherwise as prohibited by law).

14.2 To the extent permitted by law, Hawkker provides our Hawkker Points Services specifically and other Services generally on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Hawkker will use best endeavours to ensure that any Vendors or Eaters are not materially affected by instances of Abuse with respect to the Hawkker Points Services, but provide no warranties or guarantees to this effect.